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WILLIAM NJIHIA KIMANI V. FRANCIS WAWERU MBOCHI

(2019) JELR 92865 (CA)

Court of Appeal  •  Civil Application 87 of 2019 (Ur.62/2019)  •  8 Nov 2019  •  Kenya

Coram
Roselyn Naliaka Nambuye

Judgement

RULING

Before me is a Notice of Motion dated 11th June, 2019 and filed on 12th June, 2019, seeking two substantive reliefs together with an attendant relief for costs as follows:

“2. That this Court may be pleased to grant the applicant leave to file and serve notice of appeal out of time against the whole ruling delivered on 23th November, 2010 by Hon. Lady Justice H.M. Okwengu in High Court of Kenya at Nairobi (E.L.C Division) Civil case No. 2761 of 1994 currently E.L.C. of Kenya at Nyahururu E.L.C. case No. 36 of 2018.).

3. That this Court may be pleased to grant the Applicant leave to file and serve Record of Appeal out of time against the whole Ruling delivered on 23rd November, 2010 by Hon. Lady Justice H.M. Okwengu in High Court of Kenya at Nairobi (ELC Division) Civil case No. 2761 of 1994 currently E.L.C of Kenya at Nyahururu E.L.C Civil Case No. 36 of 2018).

4. That’s costs of this application be in the cause.”

The application is premised on the Civil Procedure Act and Rules prov…

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